Admissible evidence in a court of law is any statement, documentary, or tangible evidence that may be introduced to the judge or jury in order to establish or bolster a point put forward by a party to the proceedings.
Generally, in order for evidence to be admissible it must be relevant, without being prejudicial, and reliable.
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact. Once admitted as relevant evidence, the finder of fact (judge or jury) will determine the appropriate weight
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Consideration of those facts will be supported by evidence so as to increase credibility. Evidence is a proof of facts, it is a way how to prove or disprove them. The rules on evidence must be distinguished some evidence is admissible in court and some evidence is inadmissible. If the evidence is inadmissible in court you will not be allowed to rely on it in your proceedings. The evidence which is admissible can have different weight depending on the type of evidence. Evidence includes witness evidence and evidence in the …show more content…
Our initial reaction might be to say that all evidence should be treated equally, at least in terms of judging its relevance for the purposes of FRE 401. However, if we think about the way in which evidence is actually employed in litigation, and particularly in the context of the trial, and about the way in which proof is regarded, at and after trial, it seems that there are a number of asymmetries. These asymmetries may extend to our consideration of admissibility. A useful starting point is to consider the relationship between civil and criminal litigation. There are generally greater consequences, socially and physically, of criminal conviction compared with adverse civil judgment, and so we might expect that the rules of evidence in a criminal action are geared more towards reducing the risk of an erroneous outcome than they are in a civil action. In turn, the risk to the dignity of the court is greater where an erroneous judgment is criminal in nature, and so the court may be more reluctant to convict erroneously. This is not, however, a principle of universal application. For example, the United Kingdom 's Asylum and Immigration Tribunal, whose decisions may significantly affect the dignity of the individual, proceeds without reference to the legal rules of admissibility. Instead,
Da-Nisha Mitchell Anthro 3211 Test Your Knowledge Chapter 3 1.Judge or Jury who listens to tell if statements are true. 2.Evidence is anything, objects, witness that are used to make a defendant guilty or Innocent. 3.Circumstantial, conclusive, conflicting and exculpatory 4.Evidence used to make the defendant look Innocent 5.Looking at what is left behind; events, evidence. 6.A direct transfer is when it goes to the source like a drug dealer selling drugs to someone.
There is a wide range of ways to interpret a case before arriving at the final verdict. In most situations, the best way is to prove the guilt of an accused. The facts presented before the court are vital to prove that a criminal act occurred. A determination should be made in a case to prove guilt beyond reasonable doubt. At times it is the full discretion of the judge to make a decision, which can deviate from the facts of the case.
Kirk Bloodsworth was a former Marine, he was also the first person sentenced to death and then subsequent exonerated. Kirk was only 22 years old when he was wrongful convicted and severed nine years in prison before they released him. The reasoning for this was because in 1984 a young girl was found dead in a wooded area and she had been sexual assaulted, strangled, and beaten with a rock. The reason for why he was arrest was because he fit the description of the man that witness where identifying.
The reliability and admissibility of evidence becomes a foundation to this truth as any evidence presented cannot contain elements which can provide doubt towards the validity of the prosecution. This can be shown through guideline 14 of the Office of the Director of Public Prosecutions agreement to provide advice for the NSW police towards the legal limitations or consequences of evidence obtained during the course of an investigation (Office of the Director of Public Prosecutions n.d). Identification evidence in particular has a lower weight and strength for admission to a court due to the fallibility and circumstantial nature of witnesses. The admissibility of identification evidence was previously determined by judges based on its quality with case law such as R v. Christie providing principles for discretionary powers for admissibility and Alexander v. R providing methods satisfactory to the court for identification such as identification parades under common law. (R v. Christie 1914; Alexander v. R 1981).
Facts Angelique Lavallee killed her common law partner, Kevin Rust, by shooting him in the back of the head late one night after a party at their home. Lavallee was frequently a victim of physical abuse in the relationship, defining her as a battered woman. She made several trips to the hospital for injuries, such as bruises, fractured nose, black eye and multiple contusions, excused by unbelievable reasons. Witnesses testified to seeing and hearing the abuse committed by Rust onto Lavallee prior times to the party as well as at the party that evening. The shooting occurred subsequent to an argument that Lavallee and the deceased had been having in the upper level of the home, after Rust had reportedly told Lavallee to kill him or he would
2.The impact on the Charter-protected interests of the accused (was the conduct very invasive towards the accused and the protected right). 3.Society's interest in an adjudication of the case on its merits (how substantial is the evidence to Crown’s case). The inclusion of the third factor was deemed important because the Court ruled that exclusion of evidence that led to an acquittal would throw the administration of justice into disrepute in the eyes of the public.
This has resulted in an increased demand for prosecution to produce viable and tangible forensic evidence, in order to satisfy the high standard of proof in criminal proceedings. Donald E. Shelton conducted a survey in which he wanted to discover the amount of jurors that expected the prosecution to provide some form of scientific evidence; his findings showed that “46 percent expected to see some kind of scientific evidence in every criminal case. 22 percent expected to see DNA evidence in every criminal case. 36 percent expected to see fingerprint evidence in every criminal case. And 32 percent expected to see ballistic or other firearms laboratory evidence in every criminal case.”
The cases of O.J. Simpson and Lizzie Borden are two court cases in American history that are 100 years apart, conversely are very parallel. On both occasions the verdict comes to be the same: not guilty. Circumstantial evidence, which is defined as evidence that relies on an inference to connect it to a conclusion or fact, was heavily utilized in the process of prosecuting both subjects. Both Orenthal James Simpson and Lizzie Borden should be found guilty of murder due to the continuous number of things that prove their guilt.
The Exclusionary Rule is an important constitutional principle of modern criminal procedure law in the United States. Generally, it prohibits the summary at criminal trial of any evidence seized or otherwise obtained in violation of the Fourth Amendment to the Constitution. Under the Exclusionary Rule, unsuitably obtained evidence that leads to the subsequent discovery of other incriminating evidence automatically invalidates or "poisons" the newly discovered derivative evidence in the same way that a poisonous tree taints the fruits growing on any of its branches. While it stems from the Fourth Amendment, it is not actually enclosed anywhere within the text of the Constitution or its Amendments. In fact, it was judicially shaped more than a century after the Constitution was approved in 1789 and the Fourth Amendment
This shows that evidence is an important role in pleading someone guilty. When you convict someone of a crime, make sure you know the evidence and information on the case before sentencing
(Miladinovic, Z., & Lukassen, J., 2015, February 25) The outcome of a just trial and its verdict, is based on proof of evidence, which ensures what 's best for the
Case: State v. Mire (2016 WL 314814, 2014-2295 (La. 1/27/16)). Facts: On February 9, 2011 Quint Mire shot and killed Julian Gajan during an out-of-season deer hunting trip In Little Prairie marsh. Mire picked up all of his shell casings and did not attempt to help Gajan. Mire did not go straight to the authorities but he tried to cast suspension on others.
Unreasonable evidence is used and justice is not served, but injustice
The physical evidences are gathered at any crime scene, for example, hair, fibre, blood, fingerprints, footwear, bare-footprints, tire impressions and any fracture
This is where the opinions of the judge become relevant. To ascertain the materiality of the facts, one would have to use these as reference. If the judge’s opinion does not explicitly express on which of the facts are material, then generally, all facts in the case are presumed to be material except for those which are obviously not. For example, facts relating to a person, time, place, and amount are insignificant because they will probably not affect the case in any way. Now, if a particular fact is recorded by the reporter, but it is not mentioned in the judge’s opinion, this could one mean one of two things; whether the judge has overlooked the fact to be material or the judge is implying that the fact is indeed immaterial.